[Adopted 3-25-1980 as Title IIID of the 1980 Code of Ordinances]
In accordance with Chapter 108 of the General Statutes, a special
fund is hereby created to be designated as the "Reserve Fund for Capital
and Nonrecurring Expenditures."
Upon the recommendations of the Board of Finance and approval
by the Town Meeting, funds may be paid into said Reserve Fund in accordance
with § 7-361 of the General Statutes.
In accordance with § 7-364 of the General Statutes,
the use of said Reserve Fund shall be restricted to the financing
of all or part of the planning, construction, reconstruction or acquisition
of any specific capital improvement or the acquisition of any specific
item of equipment.
There is hereby established the Easton Agricultural Land Preservation
Fund.
The following words shall have the following meanings for purposes
of this article:
AGRICULTURAL LAND
Any land in the Town suitable by reference to soil types,
existing and past use of such land for agricultural purposes and other
relevant factors for the cultivation of plants for production of human
food and fiber or production of other useful and valuable plant products
and for the production of animals, livestock and poultry useful to
man and the environment, and land capable of providing economically
profitable farm units, and may include adjacent pastures, wooded land,
natural drainage areas and other adjacent open areas.
[Amended 9-15-2014]
DEVELOPMENT RIGHTS
The rights of the fee simple owner of agricultural land to
develop, construct on, sell, lease or otherwise improve the agricultural
land for uses that result in rendering such land no longer agricultural
land, but shall not be construed to include:
A.
The uses defined in § 1-1(q) of the General Statutes;
[Amended 9-15-2014]
B.
The rights of the fee owner of agricultural land to develop,
construct on, sell the property in its entirety, lease or otherwise
improve the agricultural land to preserve, maintain, operate or continue
such land as agricultural land, including but not limited to construction
thereon of residences for persons directly incidental to farm operation
and buildings for animals, roadside stands and farm markets for sale
to the consumer of food products and ornamental plants, facilities
for the storing of equipment and products or processing thereof or
such other improvements, activities and uses thereon as may be directly
or incidentally related to the operation of the agricultural enterprise,
as long as the acreage and productivity of arable land for crops is
not materially decreased and due consideration is given to the impact
of any decrease in acreage or productivity of such arable land upon
the total farm operation, except that new construction or modification
of an existing farm building necessary to the operation of a farm
on prime farmland, as defined by the United States Department of Agriculture,
of which the state has purchased development rights shall be limited
to not more than 5% of the total of such prime farmland;
C.
The rights of the fee owner to provide for the extraction of
gravel or like natural elements for purposes directly or incidentally
related to the operation of the agricultural enterprise; or
D.
The existing water and mineral rights, exclusive of gravel,
of the fee owner.
FUND
The fund established pursuant to this article.
There shall be deposited in and become part of the fund all
moneys received by the Town from whatever sources and by whatever
means as:
A. Gifts for
agricultural land preservation purposes;
B. Grants or
loans for agricultural land preservation purposes; and
C. Appropriations
by the Town.
[Amended 9-15-2014]
Upon recommendation by the Conservation Commission to the Board
of Finance, such amounts in the fund as may be recommended by the
Conservation Commission and approved by the Board of Finance may be
used for the acquisition in the name of the Town of development rights
of agricultural land and for any expenditure incurred in the preservation
of agricultural land, provided that:
A. The development
rights have been voluntarily offered for sale to the municipality
by the owner; and
B. The land
has been designated for preservation purposes by the municipality
in an open space plan, municipal plan of conservation and development
or farmland preservation plan.
The fund shall be in the custody of the Town Treasurer or other officer in charge of funds for the Town. All or any part of the fund may from time to time be invested in any securities in which public funds may lawfully be invested. All income derived from such investments shall be paid into the fund and become a part thereof. The moneys so invested shall at all times be subject to withdrawal from such investment for use as provided in §
71-7.
Annually the Town Treasurer or other person having custody of
the fund shall submit to the Town Meeting a complete and detailed
report of the condition of the fund, which report shall be made a
part of the annual Town report.